DNA pivotal to State’s case against ‘serial rapist’

Outcome of identity parades to further cement evidence

THE State’s case against alleged Tembisa serial rapist Joseph Rasempane Mahloma hinges on comprehensive forensic evidence and a bevy of identity parades.

This emerged yesterday in the high court in Joburg, where prosecutor Deborah Zinn – in reading out admissions in terms of section 220 of the Criminal Procedure Act – presented voluminous documents to the court of the extensive forensic work the State said was carried out in compiling its case against Mahloma.

Mahloma is standing trial for 104 charges, including 22 for rape, 17 for kidnapping and three for sexual assault that the State alleges occurred in the Tembisa/Midrand from 2011 to 2014.

The accused has pleaded not guilty to all the charges.

Section 220 roughly entails evidence being admitted into trial by the prosecutor as fact, and which is not disputed by the defence.

This includes forensic evidence collected from a woman whom the State alleges was kidnapped, raped and violently robbed in April last year in Kaalfontein, Tembisa.

The woman was examined on the day of the alleged rape by professional nurse Patricia Kelebogile Sidu of Tembisa Hospital, who used a sexual assault evidence-collection kit to collect samples from the complainant, the collection of which was not disputed.

But Mahloma’s advocate J N Malende made it clear to the court that he was not saying that the defence had no objections to the State’s evidence, adding that the prosecutors still had to prove their case.

“So everything is in order here; the accused is not caught unawares, I’m here on his behalf,” Malende asserted.

Asked by Judge J Adams whether the accused was happy with the explanation of the section 220 admissions that he gave Mahloma, Malende said: “Indeed; from where I was, my lord, there were no qualms.”

Malende added that there was “no prejudice against the accused”.

The charge sheet, which was read out by Zinn on Tuesday, alleges that Mahloma “wrongfully and intentionally instructed” the woman from Kaalfontein – whose name is known to The Star – to “wash herself in sewerage water”.

He then “instructed” the victim to remove her clothes, which he threw in the water and she had to walk home naked. The intention being to “wash away any DNA evidence and whereas, as a result of the actions of the accused, (the woman) washed herself in sewerage water and walked home naked”.

A buccal swab was also taken from the accused by Tembisa Hospital’s Dr Antoinette Kunene, the evidence of which the State hopes will forensically tie Mahloma to the sexual assault kits that were compiled from all the complainants. The results of an identity parade have also been submitted.

@khayakoko88